69056725Q000032_RFQ.pdf

COMBINED SYNOPSIS/SOLICITATION

REQUEST FOR QUOTATION (RFQ)

Issuing Office: United States Department of Transportation

Federal Highway Administration (FHWA) Western Federal Lands Highway Division 610 East Fifth Street

Vancouver, WA 98661-3801

Agency Contact: Haydar Mohammad, Contract Specialist, (360) 619-7733, WFL.Purchasing@dot.gov

Solicitation Number: 69056725Q000032

Title: HVAC ROOF TOP UNIT (RTU) WITH ANCILLARY

INSTALLATION

Solicitation Release Date: 07/02/2025

Technical Questions Due Date: Monday, 07/21/2025, at 04:00 pm PT

Quotation Due Date: Wednesday, 07/23/2025, at 02:00 pm PT mailto:WFL.Purchasing@dot.gov

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SECTION A – RFQ INFORMATION AND

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

1. RFQ INFORMATION

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This is an OPEN-MARKET Firm Fixed Price (FFP) RFQ. This solicitation is prepared in accordance with FAR Part 12, Acquisition of Commercial Products and Commercial Services, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR Part 13, Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-04 effective 6/11/2025.

This is a TOTAL SMALL BUSINESS SET-ASIDE solicitation and the North American Industry Classification System (NAICS) code is 238220 with an industry size standard of $19 million and the associated Product Service Code (PSC) is 4130.

A responsible quoter is one whose quotation conforms to the solicitation and will be most advantageous to the Government. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov/?q=browsefar.

All contractors are reminded that, in accordance with FAR 52.204-7, System of Award Management (SAM), they must be registered and active in the www.SAM.gov database PRIOR to submission for a quote or offer.

2. INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF QUOTATIONS

(FAR 52.212-1 Addenda)

All questions concerning this RFQ shall be submitted electronically to WFL.Purchasing@dot.gov, no later than the due date and time on page 1 of this RFQ.

Each prospective Quoter should attempt to state each question in such a way that the Quoter would have no objection to the Government publishing that precise question (and its answer) in a formal amendment to the RFQ. Additionally, each prospective Quoter should attempt to word each question in such a way that the publication of that question (and its answer) would not divulge any information that the prospective Quoter considers to be proprietary or confidential.

NOTICE: Issuance of this solicitation does not guarantee that an award will be made. Any resulting awards are subject to the availability of funding and the discretion of the awarding entity, including cancellation or amendment based on a determination of change in agency needs.

https://www.acquisition.gov/?q=browsefar

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In responding to this RFQ, the Contractor shall address an understanding of logistics, schedule, and any other miscellaneous issues of which the Government should be aware. The Contractor shall indicate if any technical assumptions have been made, conditions have been stipulated or exceptions have been taken with the Government Description of Requirement as written. If technical assumptions are not noted, it will be assumed that the vendor’s quote reflects no technical assumptions for the award and agrees to comply with all of the terms and conditions set forth herein.

Quotations shall be submitted electronically as Adobe (.pdf) files to WFL.Purchasing@dot.gov in an email whose size shall not exceed twenty Megabytes (20MB) no later than the due date and time on page 1 of this RFQ. If multiple emails are required, they shall be identified in sequence (1 of 3, 2 of 3, etc.). Document(s) shall not contain any security restrictions (e.g. password protection) that prevent the Government from distributing and printing the document(s) and shall not include marketing materials or letters of support/recommendation.

Quotations submitted shall be valid for a period of no less than thirty (30) days from the closing date of the RFQ.

Offerors shall not be reimbursed for the costs of developing a quote for this RFQ.

In responding to this RFQ, quotations MUST include the following:

A. Price Quote: Pricing in the format of the Schedule of Items table shown in Section B -or- the same information on a similar, vendor-generated price quote sheet which includes your Unique Entity Identifier (UEI SAM).

B. Technical Quote:

i. Cut sheets and/or technical specification sheets for all quoted equipment and/or components demonstrating that all minimum requirements are met;

ii. Copy of valid business license;

iii. Three (3) past experience references from similar jobs performed within the last 12 months;

iv. A completed copy of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Products and Commercial Services, -or- the "Reps and Certs FAR Report" from SAM.gov;

v. A complete copy of the Representations and Certifications at TAR 1252.237-71 (see

Section C);

vi. Expressed warranty information;

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vii. Acknowledgment of all solicitation amendments, if any.

NOTE: Failure to furnish ALL information required above may result in your quotation being considered non-responsive and eliminated from further consideration.

The timeliness of a quote is determined by the date and time of receipt. It is the Quoter’s responsibility to ensure that the quotation submission email is received by the designated cut-off date and time. Early submission is encouraged.

This is an electronic procurement. Hard copies of the quotations will not be accepted.

Please reference the RFQ number in the subject line of any e-mails related to this procurement.

3. EVALUATION AND BASIS FOR AWARD

The technical evaluation factors for this procurement are Lowest Price Technically Acceptable (LPTA). Criteria under the LPTA process are judged on a pass-fail basis only. No other rating or qualitative value will be assigned. To be determined technically acceptable, all factors must be acceptable to obtain a pass rating for the technical proposal. Award will be made to the lowest price, technically acceptable, responsible offeror, with satisfactory past performance.

A. Right to hold discussions: The Government intends to award without discussions;

however, the Government reserves the right to enter into discussions if determined necessary. Additionally, the Government reserves the right to make no award from this solicitation.

B. Source Selection Evaluation Process: The lowest priced quote will be considered as the quote offering the lowest price on the Schedule of Items grand total. If the lowest-priced quote is determined to be technically acceptable, no other quote will be evaluated. If the lowest-priced quote is determined to NOT be technically acceptable, the next lowest-priced quote will be evaluated. This process will continue until the lowest-priced, technically acceptable quote is identified.

C. The Government will award: A purchase order resulting from this solicitation on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors. The following factors shall be used to evaluate offers:

i. FACTOR 1 – Price;

ii. FACTOR 2 – Technical Compliance with Solicitation Requirements;

iii. FACTOR 3 – Relevant Experience;

iv. FACTOR 4 – Relevant Past Performance.

Technical compliance, relevant experience, and past/present performance, when combined, are

A-4 approximately equal to price. By submission of its quote, the contractor accepts all RFQ requirements, including terms and conditions, representations and certifications, and technical requirements. The Government intends to select ONE Contractor for the award of this requirement.

4. EVALUATION CRITERIA

The Government will evaluate the quotations and make an award decision based on the following factors:

A. Factor 1 – Price: Offeror must submit a completed price quote in the format of the Schedule of Supplies table shown in Section B -or- the same information on a similar, vendor-generated price quote sheet. The Government will evaluate the total quoted price to determine that the price is valid and realistic as well as for consistency and understanding of the SOW requirements.

The Government may reject any quote that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price, or are unbalanced, such that the offer is deemed to reflect an inherent lack of competence or failure to comprehend the technical requirements.

Award will be made to the Offeror found to be technically acceptable that offers the lowest total price submitted on the base and all options, if any.

B. Factor 2 – Technical Compliance with Solicitation Requirements: Offeror must comply with ALL instructions and submit ALL items as stated in Section A of the solicitation. Quotes will be evaluated on a pass/fail basis with respect to this evaluation factor.

i. TECHNICALLY ACCEPTABLE: Complied with ALL instructions and provided

ALL required information as identified in Section A of the solicitation.

ii. TECHNICALLY UNACCEPTABLE:

(1) Did NOT comply with ALL instructions as stated in Section A of the solicitation;

or

(2) Did NOT provide all required information as identified in Section A of the solicitation, or

(3) Provided information does NOT demonstrate all minimum requirements are met.

C. Factor 3 –Relevant Experience: Offeror must furnish, with its offer, Offeror Work

Experience Form(s) (Attachment 0001), or a similar vendor-generated document, providing information on individual contract(s) to indicate a minimum of ten (10) years of relevant experience during the last ten (10) years that involve the Offeror providing services of a similar size and scope. FHWA reserves the right to contact such references directly and use such information in determining satisfactory relevant experience. The Government will evaluate how much experience an offeror has performing work similar in nature, magnitude, A-5 and complexity. Relevant experience, unlike past performance, is not limited to the past three years.

ii. TECHNICALLY ACCEPTABLE: Provided required information and offeror has a minimum of ten (10) years of relevant experience during the last ten (10) years providing services of a similar size and scope.

iii. TECHNICALLY UNACCEPTABLE:

(1) Did not provide required information; or

(2) Information provided does not substantiate a minimum of ten (10) years of relevant experience during the last ten (10) years providing services of a similar size and scope.

D. Factor 4 – Past Performance: The Offeror’s relevant past performance provides assurance that the contractor will meet or exceed all solicitation requirements. The Offeror’s relevant past performance should demonstrate that within the past 12 months they have successful past performance meeting and/or performing contract requirements of similar size and scope.

Evaluation of past performance may be based on information obtained from references submitted by the offeror as well as information obtained from other sources such as CPARS, FAPPIS, PPIRS, SAM, and any other sources deemed necessary by the Contracting Officer. Only ongoing contracts and contracts completed within the past 12 months will be evaluated with respect to past performance.

Offerors are strongly encouraged to have a minimum of three (3) customers complete the Past Performance Reference Questionnaire (Attachment 0002) and submit such surveys to FHWA via e-mail WFL.Purchasing@dot.gov with the subject line “69056725Q000032 Past Performance Review for < insert vendor name >”

i. TECHNICALLY ACCEPTABLE: Based on the Government’s review:

(1) Evaluation(s) reflect no unsatisfactory ratings, no more than 2 marginal ratings, and the CO has no other information that would lead the CO to conclude that there are significant problems with Offeror’s past performance; or

(2) Past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror shall be determined to have unknown (or neutral) past performance.

ii. TECHNICALLY UNACCEPTABLE: Based on the Government’s review, evaluation(s) reflect:

(1) 1 or more unsatisfactory rating; or

(2) 3 or more marginal ratings; or

(3) the CO has other information that would lead the CO to conclude that there are significant problems with Offeror’s past performance.

5. DEPARTMENT OF TRANSPORTATION (DOT) COMPLIANCE WITH PRESIDENT

TRUMP'S PRIORITIES AND AGENDA

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Consistent with President Trump’s priorities and agenda, to the maximum extent permitted by law, DOT intends to take immediate action to begin forbearing enforcement of all Federal Acquisition Regulation (FAR) or Transportation Acquisition Regulation (TAR) contract clauses, provisions, terms, and conditions, if inconsistent with EOs and implementing guidance issued by the current administration, including but not limited to:

• Executive Order (EO) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (January 20, 2025);

• Executive Order (EO) 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing (January 20, 2025);

• Executive Order (EO) 14148, Initial Rescissions of Harmful Executive Orders and Actions (January 20, 2025);

• Executive Order (EO) 14173, Ending Illegal Discrimination And Restoring Merit- Based Opportunity (January 21, 2025);

• Executive Order (EO) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (January 20, 2025);

• OPM Memorandum, Initial Guidance Regarding President Trump’s Executive Order Defending Women (January 29, 2025);

• Executive Order (EO) 14208, Ending Procurement and Forced Use of Paper Straws (February 10, 2025);

• Executive Order (EO) 14222, Implementing the President's "Department of Government Efficiency" Cost Efficiency Initiative (February 26, 2025);

• Executive Order (EO) 14240, Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement (March 20, 2025);

• Executive Order (EO) 14269, Restoring America's Maritime Dominance (April 9, 2025);

• Executive Order (EO) 14275, Restoring Common Sense to Federal Procurement (April 15, 2025); and

• Executive Order (EO) 14271, Ensuring Commercial, Cost-Effective Solutions in Federal Contracts (April 16, 2025.

DOT remains committed to ensuring its acquisition policies and practices reflect the direction of the current administration and reserves the right to issue further guidance or take additional action as necessary. Contractors are reminded that compliance with applicable laws, regulations, and Executive Orders is a condition of doing business with the Federal Government and DOT. It is the responsibility of each contractor to monitor for updates and adjust operations accordingly.

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SECTION B – SCHEDULE OF SERVICES AND SUPPLIES

The Contractor shall furnish all supplies under this purchase order in support of the mission of the FHWA.

CLIN DESCRIPTION QTY UNIT PRICE TOTAL PRICE

00101

TITLE: HVAC ROOF TOP UNIT

(RTU) WITH ANCILLARY

INSTALLATION

Pricing: Firm Fixed Price

Period of Performance: Fix completion date of no later than one hundred twenty (120) calendar days after receipt of the order.

1 EA $ $

TOTAL PRICE: $

UNIQUE ENTITY IDENTIFIER (SAM UEI):

1. BACKGROUND

Western Federal Lands Highway Division (WFLHD), a division of the US Department of Transportation – Federal Highway Administration, designs and administers, primarily, road construction projects on Federal Lands in the states of Alaska, Washington, Oregon, Idaho, Montana, and Wyoming. The type of construction is generally 2‐lane roads or highways either accessing Federal lands or within Federal lands.

2. OBJECTIVE

The objective of this requirement is to support WFLHD operations by replacing roof top unit (RTU) #12 with in-kind gas pack RTU.

3. SITE VISIT

An organized site visit is scheduled for Thursday, July 10, 2025, at 1:00 PM PT.

Participants should meet at 610 E 5th St, Vancouver, WA 98661.

Please arrive at least 15 minutes prior to the scheduled time. Additionally, access to a federal facility requires compliance with the “REAL ID” Act requirements. Please review https://www.tsa.gov/real-id for additional information.

https://www.tsa.gov/real-id

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All interested Contractors shall satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government, nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding, or representation is expressly stated in this contract.

In no event shall failure to inspect the site constitute grounds for a claim after contract award.

4. TASKS REQUIREMENTS

The contractor shall perform the following tasks and is responsible for supplying all other parts, supplies, labor, tools, and equipment necessary to perform the described work safely and efficiently.

A. General Requirements

The contractor providing the work identified in this SOW shall meet all requirements listed below:

1. Provide all labor, tools, supplies, testing, and documentation.

2. Install replacement RTU, adaptor curb, and thermostats.

3. Remove and dispose of equipment, oil, refrigerant, and devices replaced as part of the work.

a. Provide written documentation to WFLHD on the quantity of refrigerant contaminated oil and refrigerant that is removed from existing RTU12.

4. Maintain work and surrounding areas clean and clear of debris, tools, parts, and equipment when not working.

5. Repair holes, scratches, dents, and dings in walls, doors, cabinets, ceilings and other facility components made by contractor personnel.

6. Follow manufacturer requirements for installation, startup, testing, and operation.

7. Support sustainability.

a. To the extent possible provide high recycle content materials, equipment and devices.

b. Dispose of old CFC and contaminated oil using approved environmental controls.

c. Dispose of recyclable cardboard, paper, plastics and metals in WFLHD provided containers.

d. Provide documentation in electronic format when feasible.

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e. Reuse existing wiring, sheet metal, boxes, connectors, and material when possible.

8. Comply with safety and security requirements.

a. Follow applicable OSHA safety requirements.

b. Protect WFLHD personnel and equipment from danger and damage.

c. Obtain and wear an approved visitor badge at all times when working at

WFLHD.

d. Return visitor badges and log out after each workday.

e. Do not hold any door, gate or window open without Contracting Officer

Representative (COR) permission.

f. Remove any employee that intentionally circumvents or violates safety or security requirements.

9. Develop, Maintain, and work to Schedule

a. Time that an RTU is out of service shall be minimized.

b. Provide a schedule for all work at least 3 weeks in advance of the work being performed.

c. Work shall be performed between the hours of 0700 – 1530 Pacific time

Monday through Friday unless other hours approved by the COR.

10. Perform startup and test on each units installed.

11. Provide O&M and parts manuals for all units.

B. Replacement of RTU#12

Existing RTU #12 is a 6-ton Carrier unit, Model # 48LCE007C2A5A0R2A0, Serial Number 3815P85531. The unit provides heating, cooling, and ventilation to the WFLHD Prep Lab. The unit is powered from 3ɸ, 208 VAC branch panel A3 located in the lab electrical closet. A disconnect is mounted at the unit. Electrical cable between the breaker branch panel and the unit disconnect may be reused. Ventilation ducting currently in the lab shall be reused.

The contractor shall replace existing RTU #12 with replacement unit with a high efficiency gas heat/ electric cooling packaged roof top unit (gas packs), adaptor curb, and thermostats. The replacement unit shall be high efficiency gas heat / electric cooling packaged roof top units. The replacement unit shall include the following features:

1. EPA compliant R-410A (or newer) refrigerant.

2. Meets or exceeds Energy Star requirements.

3. Multiple stage cooling and multiple stage heating control.

4. TXV refrigerant metering.

5. Enthalpy controlled economizer with barometric relief.

6. Powered GFCI convenience outlet integral to the uni.t

7. Cooling Rating SEER/EER > 17/12.5.

8. Heating Efficiency > 80%.

9. RA smoke detector integrated with unit run circuitry.

10. Honeywell Vision Pro 8000 commercial grade programmable touch screen thermostats.

11. Adaptor curbs

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12. 5-year hardware commercial warranty on compressor, 10-year hardware commercial warranty on heat exchanger.

13. 2” SA pleated filters MERV 10 or better and 1” stainless steel pre-filter/screens.

Reuse existing gas lines for replacement unit for RTU 12. The contractor shall replace any damaged or inadequate fittings, connections, or materials. Contractor will assess gas line, fittings, valves, support cradles, and pressure regulators and replace as required. Any new iron gas pipe and line fittings shall be painted with a high quality exterior yellow paint.

The contractor shall flash and/or seal any new roof joints or penetrations, any penetrations abandoned-in-place, or any rips or tears contractor personnel make in the existing roof membrane.

Any new roofing material shall be equal to or better than the existing Duro-Last roof membrane system and shall be installed by technicians qualified to work with roof membrane systems.

The contractor shall install the replacement thermostats in the same location as existing RTU thermostats. If needed the contractor shall provide and install new control cable between the new RTU and the new thermostat. Existing installed control cable may be reused if it is of sufficient size and has the needed number of conductors to support operation of the new thermostat.

The contractor shall replace the existing RTU electrical supply breakers. The replacement breakers shall be sized to the RTU manufacturer’s requirements. Power circuits not reused with the replacement RTUs may be abandoned in place. An abandoned breaker shall be removed from the panel it is installed in and replaced with a blank cover. Abandoned cable shall be labeled as abandoned at each end of the cable using permanently marked cable tags. If necessary to support electrical sizing requirements, the contractor shall replace the existing RTU electrical disconnects.

Existing RTU disconnects may be reused if correctly sized for the new RTU.

The contractor shall register the new RTUs for warranty and provide warranty documentation following acceptance of the installation by WFLHD. An installation, startup, and operating manual shall be provided in electronic format. The contractor shall provide a completed startup checklist for each unit.

The contractor shall provide training for the new RTUs. At a minimum the training will include normal startup, operating and maintenance procedures, troubleshooting, and typical repair items for the new RTUs. The training will be held on-site at WFLD immediately after the completed startup checklist for each unit has been provided.

5. PERFORMANCE SCHEDULE

The work specified in this order shall be completed no later than one hundred twenty (120) calendar days after receipt of the order.

6. PLACE OF PERFORMANCE

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All work shall be completed within the confines of the FHWA-WFLHD compound located at 610 E Fifth Street, Vancouver, Clark County, WA 98661-3801.

7. ANTI-DEFICIENCY

Unless otherwise authorized by Public Law or Federal Regulation, nothing contained herein shall be construed as binding the Government to expend, in any one fiscal year, any sum in excess of the appropriation made by Congress for that fiscal year in furtherance of the matter of the contract or to involve the Government in an obligation for the future expenditure of monies before an appropriation Is made (Anti-Deficiency Act, 31 U.S.C. 1341.A.1).

8. INDEMNIFICATION

Any indemnification language contained in standard form agreements executed between the Government and the Contractor shall be binding upon the Government only to the extent authorized by law, opinions of the Government Accountability Office and the Federal Tort Claims Act (28 U.S.C. §§ 2671-2680).

9. INSPECTION AND ACCEPTANCE

All supplies and/or work hereunder shall be subject to review by the Government. The Technical Point of Contact (TPOC) is responsible for the inspection and acceptance of all incoming shipments, documents, and services. Acceptance of the final deliverables shall be made in writing by the TPOC.

10. AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed task order can be incurred before receipt of a fully executed task order or specific authorization from the Contracting Officer.

11. PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

12. CLOSEOUT OF CONTRACT FILES

The Government will initiate the administrative closeout of the Delivery Order after receiving evidence that all technical requirements have been completed. The Contractor shall furnish all required documents in support of the closeout of this contract.

The Government anticipates the timeframe to complete the administrative close out of this contract will not exceed 30 days. The costs incurred in the administrative closeout of task orders and

B-6 contract files are unallowable direct costs under the contract and, therefore, cannot be charged as direct costs to the Government. Contractors are to handle such costs in accordance with their disclosure statements/cost accounting systems.

13. LIST OF ATTACHMENTS

Attachment 0001 – Offeror Work Experience Attachment 0002 – Past Perf Questionnaire

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SECTION C – SOLICITATION PROVISIONS

Representations, Certifications, and Other Statements of Quoter

The offeror makes the following representations and certifications as a part of its quote.

NOTICE:

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph

(d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Federal Acquisition Regulation (FAR) Provisions

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisition.gov/far.

52.204-7 -- System for Award Management (Nov 2024) 52.204-16 -- Commercial and Government Entity Code Reporting (Oct 2018) 52.204-22 -- Alternative Line Item Proposal (Jan 2017) 52.212-1 -- Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

(End of provision)

52.204-24 -- Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation https://www.acquisition.gov/far

C-2 in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.sam.gov/

C-3 resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

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(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 -- Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)(1) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instruments.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/52.204-30#FAR_52_204_29

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(FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

https://www.acquisition.gov/far/4.2303#FAR_4_2303

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52.212-3 -- Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024) [(DEVIATION FEB 2025)]

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

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(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1) (i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and https://www.acquisition.gov/far/part-52#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702(b)(3)&num=0&edition=prelim https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

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Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting…